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liEPORTS OF CONRAD ALEXANURii GERARD, MINISTER 
PLENIPOTENTIARY TO AMERICA, 1778-1779, FROM 
HIS MOST CHRISTIAN MAJESTY, LOUIS 
XVI, KING OF FRANCE 

irk ^l'..kr:^ S ,, 
{Lontinued) 

111 luck continued to attend upon His Majesty's Com- 
mission for restoring peace. It cannot be denied, however, 
that their conciliatory offers were hailed with joy by Tory 
proprietors whose property had been confiscated, while 
latent distrust for England's ancient enemy, together with 
dread of the latter's Roman Catholic influence, were fanned 
into flame in many a loyal breast by the prejudiced utter- 
ances of the Commissioners against America's new ally. 
On the other hand, every measure which they brought for- 
ward, every disparaging utterance which they permitted 
themselves, tended to unite the friends of liberty more firmly 
to the principles of independence and of the Alliance. In- 
deed it would be hard to conceive of any measure which 
could have been devised by the Government of Great Britain 
capable of giving such consistency and strength to the patriot 
cause as that of sending over such a commission. 

Gerard, in his 17th. report, dated August 22, 1778, gives 
an account of the political situation at that moment. He 
says : 

The deputies of Maryland and Pennsylvania tell me that a 
great number of citizens who had before refused to take the 
oath of the states, have presented themselves for admittance, 
since the character of my mission has been known. It has been 
the policy of the English to persuade their partisans that the 
fleet of the king had no other object than to protect the opera- 



51/0 



Kt^l 



tions of our commerce destined to reimburse the king for the 
sums which His Majesty had advanced to the Americans. I 
neglect nothing, Mgr. to fortify the impression of the inestim- 
able advantages which the declaration and the open assistance 
of France have procured the Americans, and every day adds 
to the conviction that the wisdom of His Majesty has chosen 
the most favorable moment, and perhaps the only moment when 
a coalition could have been prevented between England and 
America. Many members of Congress have avowed to me that 
the manifesto of the 26th of April, by which the conciliatory 
bills were rejected in advance, was on its part, a coup de 
dcsespoir, to offset the pernicious effects which it dreaded 
from the future and from the manoeuvers of the commissioners. 

The manifesto here alluded to, which was published sixj 
days before news of the French Alliance reached Congress, 
is so remarkable a document that it requires special mention. 
It was brought in as a report by a committee appointed by 
Congress to consider a paper sent to that body by George 
Washington, and which contained what " purported to be 
the draught of a bill .... to enable the king of Great 
Britain to appoint commissioners with power to treat, con- 
sult and agree upon the means of quieting certain disorders 
within the said states." ^ The report says in part : 

The wickedness and insincerity of the enemy appear from 
the following considerations : 

I. Either the bills now to be passed contain a direct or 
indirect cession of a part of their former claims, or they do 
not. If they do, then it is acknowledged that they have sacri- 
ficed many brave men in an unjust quarrel. If they do not, 
then they are calculated to deceive America into terms to 
which neither argument before the war, nor force since, 
could procure assent. . . . 

From the second bill it appears that the British king may, 
if he pleases, appoint commissioners to treat and agree with 
those whom they please, about a variety of things therein men- 

1 See Jour, of Cong., Lib. of Cong, edition, Vol. X, p. 374. 






^■^ 



"^JU, 



tioned ; but such treaties or agreements are to be of no validity, 
without the concurrence of the said parUament, except in so 
far as they relate to the suspension of hostilities, and of certain 
of their acts, the granting of pardons, and the appointing of 
governors to these sovereign, free and independent states, 
wherefore the said parliament have reserved to themselves, in 
express words, the power to set aside any such treaty, and 
taking advantage of any circumstances which may arise, to 
subject these colonies to their usurpations. 

From all which it appears evident to your committee, that the 
said bills are intended to operate upon the hopes and fears of 
the good people of these states, so as to create divisions among 
them, and a defection from the common cause, now, by the 
blessing of Divine Providence, drawing near to a favorable 
issue 

Upon the whole matter, the committee beg leave to report 
it as their opinion, that as Americans . . . any men, or body of 
men, who should presume to make any separate or partial 
convention or agreement with commissioners under the crown 
of Great Britain, . . . ought to be considered as opponents, 
avowed enemies of these United States, unless Great Britain 
shall, as a preliminary thereto, either withdraw her fleets and 
armies, or else, in positive and express terms, acknowledge the 
independence of the said states. 

Since the publication of this manifesto in April 1778, 
the disposition of Congress towards any conciliatory meas- 
ures of Great Britain, had remained unchanged. The parti- 
cular danger of the situation as Gerard saw it in ^August 
of the same year, lay, not so much in the likelihood that a 
few weakening members would cause Congress to recede 
from their position, as in the insidious measures of the 
Commissioners who sought to entrap them unawares. It 
required all the vigilance of the experienced and cautious 
French diplomat, to save them from these hidden snares. , 

As has been seen in the forgoing chapter, the intention 
of Congress was to ignore whatever was addressed to it 



by the Commissioners. It was in pursuance of this pohcy 
that their communication of the nth of July had been left 
unanswered. The sudden move on the part of the Com- 
missioners in ratifying the Convention of Saratoga, threw 
them off their guard. 

This unexpected presentation of a new topic occasioned 
long debate in Congress, where unity of action was difficult 
to attain. In the mean time, while the President was in- 
forming himself through conversations with the French 
Minister, regarding the principles involved, Congress, 
roused to indignation by what it termed *' daring and atro- 
cious attempts to corrupt its integrity ", was hurried into 
an act, from the consequences of which, as will soon be 
shown, it had great difficulty in extricating itself. 

The matter was as follows. George Johnstone, former 
Governor of West Florida, now member of the British 
Commission, had rendered himself particularly obnoxious 
to the leaders in Congress, by direct and indirect attempts 
at bribery. On the nth of August, while still undecided 
what action to take regarding the ratification of the Con- 
vention of Saratoga, Congress drew up a " Declaration ", 
couched in very strong language, in which was set forth 
the contents of the offending letters, with an account of the 
actions of the said Johnstone. To this Declaration was ap- 
pended the following resolution : " Resolved, that it is in- 
compatible with the honor of Congress to hold any manner 
of correspondence or intercourse with the said Governor 
Johnstone Esq., especially to negotiate with him upon affairs 
in which the cause of liberty is interested." The Declaration 
and the Resolution were signed by the President of Congress, 
and sent under a flag of truce to the British Commissioners, 
who received it in New York, August i8. Nothing could 
have better answered their purpose. They were quick to 
see that in singling out one of their number as wholly un- 
acceptable. Congress had laid itself under a sort of obliga- 



tion to admit the rest. For an account of what follows let 
us return to the reports of Gerard. 

On September ist. he writes in his 21st. report : 

A new declaration on their part (that of the British Com- 
missioners) arrived yesterday, accompanied by a letter of the 
Secretary, Dr. Ferguson, to the President of Congress. The 
same package contained a personal declaration of Mr. John- 
stone, by which he shows joy over the exclusion which Congress 
makes regarding him, and their resolution not to treat with him. 
. . . The declaration of the other Commissioners, the Earl of 
Carlisle, General Clinton, and Wm, Eden, is also enclosed; 
this letter commences by an equivocal acceptance of the ex- 
clusion of Mr. Johnstone, and, under pretext of justifying 
that Commissioner, passes to details whose object is to per- 
suade the Americans that they have been wrong to ally them- 
selves with France, whose design is to betray them. This 
letter is so lacking in logic, sense and truth, that it would have 
been more difficult for me to analyse it than to dictate the trans- 
lation, which you will find inclosed. I did it last night, the 
President of Congress having confided the originals to me the 
moment of their reception. 

This chief had a very long interview with me regarding the 
contents of these documents their purpose and their conse- 
quence, as well as the manner in which Congress should reply. 
He gave me to understand that several members had stopped 
the resolutions of Congress, because they were of opinion that 
the ratification of the Convention of Saratoga by the Com- 
missioners would be an indirect recognition of independence, 
I saw at once that here as elsewhere, those men who tax their 
ingenuity to invent political refinements, have ordinarily the 
talent to make themselves heard, and so to obstruct a simple 
and solid progress. It is unnecessary to give in detail our con- 
versation. Let it suffice to say that as Mr. Laurens persists in 
his sentiments, and as a great number of delegates seem dis- 
posed to go even farther, he has asked me to aid him with 
my pen and directly with a few members. I agreed to do both 
on condition that my writings shall pass as his own if he adopts 
them, and be burned if he does not adopt them. 



In drawing them up I put myself in the state of mind which 
should animate Congress. ... I will not indicate here more 
than a few points which may help you to arrive at an opinion : 

1st. The Commissioners have not the power to ratify, which 
power emanates from the Crown alone, and belongs to its 
prerogative. 

2nd. Supposing that they should ratify, their commission and 
their bills testify that they lack the authority, and that their 
ratification would have to be ratified not only by the king but 
also by Parliament. 

3rd. All ratification is, by its nature, reserved to the Crown. 

4th. The ratification of a military convention bears no re- 
cognition of sovereignty. History furnishes a thousand 
proofs. . . . 

5th. It is doubtless important to force England to surmount 
another repugnance, which belongs to her system of humiliat- 
ing the United States and Congress : but it is from herself that 
this act must be obtained, and not from commissioners who 
have not the power to accord it. 

6th. After the solemn declaration of Congress to the English 
Commissioners it would be to lower the dignity of the United 
States, to betray the rights of sovereignty and independence, 
if they were to treat upon other titles than those which the 
rights of man and the usage of sovereign states admit ; that to 
negotiate upon simple domestic letters-patent limited in their 
style and in their effects, would carry with it a shameful mark 
of subordination. 

7th. The civil law of England declares that the king is not 
bound to hold to treaties made with rebels. The conduct of 
the Crown and of its officers, having constantly conformed to 
this maxim . . . the United Sstates cannot count upon the 
public faith of England until she shall have recognized their 
independence in the face of the universe. 

8th. England will never seriously think of recognizing the 
independence of the states while Congress shows itself willing 
to treat with domestic commissioners, whose powers and whose 
existence even, have no other foundation than conciliatory bills ; 
the United States would, with reason, always have the reputa- 



tion of admitting such bills as acceptable objects of negotiation. 
It seems that so to act would be equivalent to turning ones 
'back upon one's object, and to creating the greatest obstacles 
which one's dearest interests could experience. The commis- 
sion has no longer either powers or instructions, that is to say, 
it no longer exists, from the moment that the United States 
declares that it will not treat with it except upon the basis of 
Independence. 

These, Mgr., are the principal considerations which will be 
presented to Congress, and which it seems, should determine 
its resolutions upon this point, and lead it to rectify the error 
into which it was drawn by its resentment against Mr. John- 
stone. It did not perceive that in declaring it would not treat 
with that commissioner, it tacitly engaged itself to treat with 
the others. It feels its fault, and one must believe, it wishes 
to repair it. 

As to the insinuations, equally false as crafty, made against 
France, if they were not so affected and so solemn, they would 
be beneath notice ; but in a government like this, every possible 
avenue must be closed to the entrance of pernicious prejudices 
among the people. It is therefore agreed to employ writers to 
reply. I shall try to suggest the manner, because I have not yet 
found the way to get a sight of the articles before they are 
;printed. 

The package from the British Commissioners contained also 
a letter from a Mr. Temple, who announces he has permission 
from the English Generals to come to Philadelphia and present 
his respects to Congress. This man was employed formerly 
in the American customs but was driven out. He is clever and 
without principle, and worthy to be used in underhanded de- 
signs. I have pointed out to Congress that he can only be a 
secret emissary, substituted for the practices of Mr. Johnstone, 
"^or a species of dependent which they wish to attach as spy to 
my steps; that if he were attached to any commission, even 
secret, the rule in times of war requires that he announce it 
before setting foot upon the territory of the United States. 

I am so affected, Mgr., with the importance of all that tends 
to entertain a thread of liason or correspondence with Great 



8 

Britain, that I have no doubt you will judge these details im- 
portant. I shall not be tranquil until Congress shall have re- 
solved not to admit any agents on the part of Great Britain, who. 
do not come furnished with letters of credit in diplomatic form. 
It is with regret, Mgr., that I see myself forced, because of 
the uncertainty and scarcity of means of communication, to ad- 
dress to you, twelve hundred leagues distant, such incomplete 
relations; but you will at least, find therein some matter of 
information and the proof of my zeal and application. 
I am, with profound respect, etc., 

Gerard. 

The first public allusion to the above-mentioned Mn 
Temple is to be found in the Penna. Packet for July i6, 
1778, where, under the heading, London, April 21st.,'* 
is a paragraph which runs : " Yesterday morning. Dr. 
Berkenhout, and — Temple Esq. set out for Portsmouth to 
embark for America, supposed to be sent on a private em- 
bassy to Congress." Rivington's Royal Gazette, announces 
the arrival of these emissaries, August 5, 1778. 

A correspondent of the Penna. Packet for September 3, 
observes : " It is to be hoped that Congress will disappoint 
them of their base intentions (for they can have no other) 
of getting among the good people of these states, in order 
to sow dissentions among us." From this date on, the 
Penna. Packet continues to make warning entries regarding 
both of these men. ' 

Gerard, in his twenty-second report, September 5, 1778,. 
says : 

You will see, Mgr., that Dr. Berkenhout, reported in the 
papers as being charged with some secret commission to Con- 
gress, was arrested on the third of this month. He had been-- 
living for several days incognito in Phila. although he had taken 
a passport at Elizabethtown, from General Maxwell. It was 
the State of Pennsylvania that arrested him at the instigation 
of Congress. A letter was found on him addressed to Richard 
Henry Lee, with whose brother, Mr. Arthur Lee, he has long- 



been in correspondence. . . . This letter states, in part: " If the 
Enghsh Minister knew that the Americans were decided in 
their desire for independence, he would give it to them." The 
writer then offers himself to be the secret negotiator and only 
asks, in order to begin his task, that the conditions which 
America would probably accept be given him on a bit of paper. 
. . . His offers were coldly received ; he was made to feel that 
he would be tried as a spy, necessary severity to impress similar 
emissaries, supposed to have been sent to all the English 
Colonies, in order to consolidate Tory sentiment. The Doctor 
wrote a submissive letter to Congress, assuring them that he 
had received neither commission nor instructions; it was 
couched in very equivocal terms, however; he asked moreover 
to be allowed to return whence he came. It is likely that the 
State of Pennsylvania will accord him the desired permission 
after inculcating a salutary fear. Mr. Temple was more adroit, 
but not more successful. Congress refused his request, but out 
of respect for certain persons, whose opinion it finds necessary 
to conciliate, it wrote to him by its secretary, telling him to 
address himself to the Assembly of the State where he intends 
to reside. He owns considerable property in the Province of 
Massachusetts Bay. Any commentary on my part would be 
useless, Mgr. ; it would only anticipate your own reflections. I 
must however add a word relative to the resolution of Congress 
regarding the demands of the Commissioners; that body has 
not yet found means to retrace its steps so as to break abso- 
lutely with them, but everything that is said to me, and all 
that I hear indirectly, persuades me that it is firm in its 
resolution to refuse all negotiation of which independence shall 
not be the preamble. 

The result of its deliberations regarding the ratification of 
the Convention of Saratoga, is a resolution in which it refuses 
to accept a ratification founded on inductions, and which would 
itself require a ratification of Parliament.^ 

- Journals of Congress, Library of Congress Edition, vol. xii, p. 880. 



V 10 

Gerard continues the same subject in his twenty- fourth, 
report. 

Mr. Drayton, deputy from South CaroHna, who was charged 
by Congress to reply in his own name to the communications 
of the Commissioners, has arranged with me the writing which 
will be published. If it comes from the press before my letter 
goes off, I will enclose a copy. This article seems to me equally 
valuable to enlighten the people regarding the intentions and. 
manner of procedure of England, as upon the Alliance with 
France, and so to offset the work of the Commissioners, whose 
object has only been to sow doubts and defiance among the 
people, and to arouse the Tories. Up to the present they have 
had no cause to applaud their success, even in the latter object. 
A great number of them in Maryland, New Jersey, and in 
Pennsylvania, begin to show eagerness to be admitted to the 
oath of fidelity to the states. Some states have adopted the 
following formula: I — N — declare that I believe the State 

of N is and should be, free and independent, in fact 

and of right. 

Many of the Tories have objected that they ought not to be 
forced to declare their sentiments when it was not question of 
their vote; that their effective submission to the actual gov- 
ernment should be sufficient. I admit, Mgr. that I have sup- 
ported these arguments by every sort of political consideration; 
several members of Congress are of the same opinion, but the 
decision remains with each separate state, and I strongly suspect 
that a similar formula has been sought, in order to render more 
difficult the return of the Tory Proprietors and to have a 
pretext for the confiscation of their possessions. In all the 
Southern Provinces, as well as in New England, nothing is 
feared from them ; they are there either subdued or expelled ; 
but in the central states, commerce with England has attached 
a great number of inhabitants to the interests of that country. 
Two-thirds of them could have been relied upon if the ravages 
of the enemy had not made numerous converts among them, 
who felt that while they risked everything, they gained nothing 
by remaining faithful; because the English could only burn 



II , 

their houses while Congress could confiscate their lands. But 
there are still a sufficiently great number along the coasts near 
New York to render the enemy important services. There is 
a constantly increasing effort to draw a line of separation, but 
so many private considerations complicate the situation, that 
I do not know that one can hope to see good measures adopted. 
The necessity to prevent the manoeuvres of the emissaries sus- 
pected to have been sent by the Commissioners into all the 
provinces for the purpose of banding together the Tories, will 
perhaps lead to salutary results. They are nowhere in arms 
except on the borders of Pennsylvania and Virginia, in asso- 
ciation with the savages, who, with few exceptions, are openly 
friendly towards England. . . . 

Two days later, in his twenty-seventh report, Gerard 
writes to Vergennes : 

A gentleman of this city announces to me the departure of a 
vessel for Bordeaux and I profit by the occasion to address to 
you duplicates of my last letters with to-day's newspaper, which 
contains the letters, the declaration of Mr. Johnstone, that of 
the other Commissioners, as also the resolutions of Congress 
and the detailed refutation which Mr. Drayton makes, under 
the secret auspices of Congress, of the sophisms advanced by 
the Commissioners. (Penna. Packet for Sept. 12th. 1778). 
It is thought here that this article will satisfy France and at the 
same time enlighten the people of America. I am sending sev- 
eral copies in order to facilitate the translation. The greatest 
desire is shown to have these documents spread broadcast 
in America and in Europe. I assume that the author of Des 
Affaires d' Angleterre et d'Amerique, will willingly render this 
service, and I beg you to be so good as to send me a dozen 
copies of the translation. 

It seems to me, Mgr., that taking the resolution of the Con- 
gress with the article which it tacitly authorizes, it has regained 
part of the lost ground and that the resolution not to treat 
except upon the basis of independence, by itself annuls the 
British Commission. Should the Commission permit itself 



12 

some new move, it seems probable it will only serve to develop 
further this resolution, and that the Court of London will be at 
length convinced that the recognition of independence will be 
the preliminary of any negotiation. If the first reports of the 
Commissioners had been made in good faith, without deference 
to ministerial views, this effect would perhaps already have 
been produced. Until the moment arrives when this fact is 
grasped, it is not probable that the political system of that Court 
will assume consistency. . . . 

As a sample of Mr. Drayton's article, above alluded to, 
the following extract may be of interest. It is addressed to 
their " Excellencies the Earl of Carlisle, Hon. Gen. Clinton, 
Knight of the Bath and Wm. Eden, Esq. 

Your Excellencies must be sensible that it does not comport 
with the measures of Congress to make any observations upon 
your declaration of the 26th of August. But as it was evidently 
calculated for the people, I make no doubt you will be glad to 
know what effect it is likely to produce. . . . 

And do you really think you have offered everything that is 
or can be proposed by the French Alliance ? I am apt to think 
your Excellencies are inclined to pleasantry. Pardon me if I 
introduce a serious idea. I will be short, nay, I will use but a 
single word. INDEPENDENCE ! This is proposed by the 
Alliance with France. This is not to be found in your offers. . . . 

You are astonished at one circumstance ; I may be permitted 
to express a little surprise at another; it is at your assertion 
that France has ever shown herself an enemy to all civil and 
religious liberty. I cannot suppose that you are unread in the 
histories of France, of Germany and of the Low Countries. 
. . . For a period of eighty years from the peace of Westphalia 
the civil and religious liberty of Germany and the Seven United 
Provinces, found in the power of France, a friend and a guar- 
antee ; and the same power is now a guarantee to the civil and 
religious liberty of America. On the other hand, the power of 
England has been and now is an enemy to civil and religious 
liberty. . . . Witness your penal laws against Roman Cath- 



13 

olics, and the rejected petitions of dissenters. . . . Witness the 
present reign in Great Britain. . . . Your Excellencies should 
look at home before venturing to cast your eyes and your cen- 
sure abroad. . . . 

The final resolution of Congress regarding the ratifica- 
tion of the Convention of Saratoga was not only publicly 
printed, but the Commander-in-chief was ordered to send 
a copy to the Commissioners.' 

General Washington writes : 

Headquarters, White Plaines 
September i6th. 1778. 
Gentlemen, 

I am commanded by Congress to transmit to your Excel- 
lencies the inclosed Resolution. 

I have the Honour to be, 

With great Respect, Your Excellencies' 
Most Obedient Servant, 

(Signed) George Washington. 

This final act seems to have convinced the Commissioners 
that no further move on their part would serve to bring 
about the release of the British troops still held prisoners in 
America.* 

As a last resource, however, Gen. Qinton, in his capacity 
as Commander-in-chief of the British Army, wrote per- 
sonally to Congress, a letter received Sept. 28th. 1778, 

3 Stevens's Facsimiles 1155. 

■* See Journals of Congress, vol. xii, p. 901 et seq. By an order of 
Congress, in November, 1778, the army of Burgoyne, numbering at that 
time some 4,000 officers and men, was marched oflF to an internment camp 
In Virginia, a distance of 700 miles, where it remained during the greater 
part of the war. It was not released until the end, though at that time, 
through death, desertion and exchanges the number had dwindled to a 
mere handful. The action of Congress in holding firmly to its prize, 
was not only a staggering blow to the British, but a humiliation which 
they bitterly resented. 



14 

wherein he attempted by threats to arrive at the desired 
end. The reply ehcited was sent through the Secretary, 
and was as follows : " Sir : I am directed to inform you 
that the Congress of the United States of America makes 
no reply to insolent letters. 
I am etc. 

(signed) Charles Thomson." ^ 

The British Commander did not wait to receive a reply 
before beginning to put his threat into execution. Gerard 
writes to Vergennes : 

On the 22nd. the English, to the number of from four to five 
thousand men made a descent upon New Jersey, towards 
Newark and the Hackensack river; they reembarked after 
foraging the country. 

A few days later he adds more details : 

The English continue to devastate the country by little ex- 
peditions. Their object seems to be to destroy every small 
vessel that remains, and every port that serves them as an 
asylum. They have made several fruitless attempts upon the 
coasts of New England, and show themselves now, on the 
shores of New Jersey. . . . All the defenses have been as- 
sembled that could be furnished by the surroundings. As 
regards the descent upon Newark, the troops did not retire as 
was supposed, but continued their ravages. General Wash- 
ington has sent several detachments, to join with those that 
are at Elizabeth-town and to the militia of that part of the 
Jerseys. ... In the neighborhood of Hackensack they sur- 
prised Col. Baylor with the better part of a regiment of cavalry 
and nearly one hundred men were massacred in cold blood, 
having been surprized in the middle of the night by the treachery 
of a Tory. On the East bank of the North River, a detach- 
ment approached an advanced post of General Washington, but 
fell into an ambush and were either taken or dispersed. . . . 

^ Journals of Congress, vol. xii, p. 964. 



15 

You see, Mgr. that General Clinton follows with implacability 
his plan of destruction. Personal animosity seems to animate 
him. . . . Congress is deeply affected by the barbarity the 
English put into their expeditions, and by the massacre of the 
sleeping troops. They seriously deliberate upon means of re- 
prisal. The great number of officers taken with General Bur- 
,goyne seems to put all the advantage of this frightful conflict 
upon the side of Congress. . . . 

A final Manifesto and Proclamation was issued by the 
'Commissioners in October 1778, and addressed to "The 
Members of Congress to the Members of the General 
Assemblies of the several Colonies .... and to all the 
Inhabitants ". In their report to the Secretary for the 
Colonies, Lord George Germain, they wrote : ' 1 

New York, Oct. 15TH. 1778. 
Sir, 

We have thought proper the 3rd. inst. to issue the inclosed 
Manifesto and Proclamation, and we trust we have taken such 
measures for transmitting it both to individuals and different 
■descriptions of men in the several colonies, as must oblige the 
Rebel leaders (whatever disrespect they may show to the In- 
strument itself), to allow its circulation among His Majesty's 
subjects on this continent. . . . Our duty seemed to require an 
explicit declaration of our purpose, no longer to favor an idea 
which too many were inclined to entertain from our stay on this 
continent, that the independency of America was still to be 
acknowledged. . . . We are not entirely destitute of hopes that 
the terms we repeat and the pardons we have given, may revive 
the grateful loyalty of a Few, and the Cautious Feelings of 
Many. . . . 

The " Pardons " were to be good for Forty Days — Oct. 3rd. 
to Nov. nth. inclusive — after which "any adherence to the 
treasonable connections attempted to be framed with a Foreign 

^ See Facsimiles, 11 78. 



i6 

Power, will, after the present grace extended, be considered. 

as crimes of the most aggravated kind 

Carlisle, 
H. Clinton, 
Wm. Eden. 

The measures for transmitting, as announced in the Mani- 
festo, provided for their being carried " by Flags o£ 
Truce ". Congress at once took measures for thwarting 
the plans of the British Emissaries and wrote to all the 
States that the sending of vessels of truce on the occasion 
of the Proclamation of the Commissioners was contrary to 
the rights of man and the laws of war, and recommended 
that the ship's company be detained and treated as spies. 

Gerard writes in his thirty-second report : 

The vessel destined for Philadelphia, perished on the coast 
of Jersey. The crew had great difficulty in saving themselves... 
They were seized by the inhabitants and yesterday brought and 
imprisoned here. Two officers, said to be of distinguished birth^ 
were in charge of this commission. Their papers were lost. 
This accident will probably put them in the rank of ordinary 
prisoners, and, it is said, will save their heads. 

In his thirty-sixth report, written November lO, the 
French Minister writes : 

I had the honor of sending you an account of the effect that 
the Proclamation of the Commissioners had upon Congress. 
The impression produced upon the people is analogous ; a 
parody in verse, inserted in the Packet (for Nov. 5th.) has 
demonstrated to the people the travesty of that production as 
the best reasoning could not have done. Nevertheless, the term 
fixed by the Commissioners expiring the nth. there is reason 
to fear that the General may undertake some enterprise to 
make effectual their threats. . . . 

The ship with the flag of truce bearing the Proclamation tot- 
Virginia, having arrived near Williamsburg, the Governor or- 



17 

I 
dered it off at once, declaring that the State had neither the 
power nor will to treat with the enemy, and that if they again 
attempted the same enterprise, they would be regarded and 
treated as common enemies of America. The resolution of 
Congress to treat these vessels as spies had not then reached 
Virginia. 

On 14 November in his thirty-seventh report, Gerard says 
further : 

Congress has received certain intelligence that the Commis- 
sioners are now engaged in selecting the emissaries whom it 
has been resolved to send to the number of five or six, into 
each Province. They are not to be ostensible like Dr. Berken- 
hout, nor to have any public notice given. On the contrary, 
these instruments are to act secretly upon the people with whom 
they are to mix, and in this way the Commissioners hope that a 
division may be operated among them, and especially that dis- 
trust for France may be created. Congress feels the danger 
of this method. It has addressed instructions to all the 
States, to engage them to be on the watch for those who enter 
into their territory, and to seize all suspected persons. 

In his forty-first report, dated December 4, Gerard is able 
to announce : 

It is learned from New York that the twenty-fifth of last 
month the British Commissioners embarked with their be- 
longings on board the Roebuck, a vessel of 44 cannon and were 
to start out with the first favorable wind for England. I do not 
know what the judgment of the Court and of the nation will be, 
regarding the manner in which they have executed their com- 
mission, but the effect which I have under my eyes demonstrates 
that it has been prejudicial to England, because the Commission 
has excited the derision of the Americans. 

The general feeling entertained among the Americans 
at this time for France came out strongly at what Gerard 
calls " a solemn repast " given by the state of Pennsylvania 



i8 

in honor of the newly elected President of its Legislative 
Council, at which he was an honored guest. He says in 
the same report : > 

It would be impossible, Mgr., to show more sensibility and 
joy than that assembly, composed of 156 persons, manifested 
every time that France or the Alliance was mentioned. When 
the health of the King was drunk all the halls resounded at the 
instant with acclamations and great cries of joy; of HOURA, 
which they repeated three times. The new President having 
shown to one of his neighbors the portrait of the King (the 
one with which he honored me at my departure) the whole 
assembly wished to see it; the box in which it was contained 
made the circuit of all the tables ; a deputation was sent to thank 
me and to testify to the pleasure with which they regarded the 
countenance of a monarch, protector of humanity and the best 
friend the United States could have. 

There is no exaggeration, Mgr. in this recital. The trans- 
ports with which every thing concerning France have been 
welcomed, persuade me more and more, that all the public 
officers, and all those capable of thinking, feel, spite of their 
national prejudices, the full value of the friendship and the 
actions of His Majesty. 

The attitude of the Home Government towards the Com- 
missioners comes out clearly in the reply of Lord George 
Germain, to their expedition of September 5, 1778, the 
contents of which reply is revealed in his letter. He writes : " 

Whitehall, Oct. 15, 1778. i 
My Lord and Sirs, 

I have the pleasure to acquaint you that I am commanded by 
His Majesty, to signify to you His Majesty's entire approbation 
of your remonstrance to Congress (that of August 26) .... 
and also of your having sent a Duplicate of your Requisition 
respecting the Saratoga Convention, without its being sub- 

^ Facsimile 11 84. 



^9 

scribed by Mr. Johnstone ... as His Majesty would have 
been unwilling there should have been the slightest Pretext 
to palliate so gross a violation of the Public Faith as they will 
be guilty of , .wiio decline making good the terms, of that Cp.n- 
vention. ... His Majesty has only hoped that these repeated 
Remonstrances will at last produce the desired Effect and that 
if they persist in the unjust detention of those brave but un- 
fortunate troops, it will be a proof to all Europe . . . of the 
lack of faith of that body. 

It was Mr. Johnstone who carried to London in person 
the next dispatches of the Commissioners. The pouch con- 
tained among other things, the final resolution of Congress 
regarding the Convention of Saratoga, with the letter of 
General Washington that accompanied it ; also a copy of the 
famous number of the Pennsylvania Packet for September 
12. There was moreover a letter showing the embarrassment 
into which the presence of the French Fleet in American 
waters had thrown the British forces. The reply to this 
budget by Lord Germain, under date of November 4, is 
marked Most Secret and Confidential* This shows con- 
clusively that the solidity of the Franco-American Alliance 
is at last penetrating their consciousness, thus fulfilling the 
prediction of Gerard made sometime previously. The 
British Minister writes: 

My Lord and Sirs: 

Your letter of 21 September was delivered to me by Mr. 
Johnstone and I took the first opportunity of laying it before 
His Majesty. ... I sincerely wish that the resources of this 
country could afiford such reinforcements as might enable Sir 
Henry Clinton to carry on an offensive War in the most exten- 
sive manner ; but you must Consider that America is not now 
the only object of attention but that the whole power of France 
is to be opposed, and I am sorry to say, that the great arma- 

* Facsimiles 1206. 



20 

ments of Spain give us too much Reason to apprehend that the 
Court of Madrid will soon depart from the neutrality which it 
now professes. This I mention to you in Confidence, that you 
may see the true state of the situation, and you may be con- 
vinced that every possible effort will be made, consistent with 
the Safety and Interest of this Country, for reducing the Rebels 
to obedience, and whatever Ideas have been entertained that 
Independence will be granted them. ... I have authority to 
say that no such Proposition will be made or supported by His 
Majesty's Servants. ... I hope that the Forces in America 
will be sufficient to maintain our present Possessions. ... In 
the mean time the Rebels will feel severely the effect of the 
War which will keep their Coast in perpetual alarm, and by 
taking or destroying their Ships and Stores, while we prevent 
their growing into a Maritime Power, our own Commerce may 
be freed from the insults of their Privateers. . . . 

The above letter concludes with reiterated assurances 
of His Majesty's permission for them to return home when 
this shall seem advisable, but with characteristic obtuseness, 
the Commissioner for the Colonies adds : " But I shall be 
happy if you are induced to remain in America by seeing a 
prospect for restoring Peace, and thereby fulfilling the 
object of your mission." 

The disappointed Commissioners were already on their 
way back to England when these last instructions arrived. 
From the " Roebuck" on November 2y, 1778, while wait- 
ing off Sandy Hook, they wrote their final report, which 
terminates thus : " We have only to add that we still have 
the mortification to be without any accounts from Europe 
of a later date than the beginning of August, and are con- 
sequently without the benefit of any Instructions with which 
your Lordship may have honoured us. 
We have the honour to be, etc. 

Carlisle, Wm. Eden." 

This early and empty-handed return of the British Com- 



21 



missioners to England was a triumph for that party in 
Congress which favored an honorable adherence to the prin- 
ciples of the Alliance. The party of the Opposition, as 
Gerard soon begins to call it, had totally different views. 
These, however, had been thus far held in check through 
the immediate danger arising from the presence of the 
British Commissioners in America. This cause of alarm 
being now removed, personal animosities and private jeal- 
ousies began quickly to assert themselves and were fanned 
into fury by an event that soon followed. This was the 
necessity of hearing the report of Mr. Silas Deane, late 
Commissioner to France, who had been recalled nearly a 
year previously for the ostensible purpose of giving an ac- 
count to Congress of the condition of affairs in Europe. In 
reality his recall was the direct result of the inordinate jeal- 
ousy of his colleague at the Court of Versailles, Mr. Arthur 
Lee. This gentleman, native of Virginia, was a narrow- 
minded, suspicious character who, it is now known, was 
seriously endeavoring to get both Franklin and Deane re- 
moved and himself made sole Commissioner to France. He 
had the powerful support in Congress of his two brothers, 
and, of more consequence still, that of John and Samuel 
Adams with their friends. 

The fundamental note of the policy of the Opposition 
was to discredit Washington in America, as the too popular 
head of the Army, and Franklin in France as the much too 
enthusiastically admired chief of the diplomatic corps. 
Their only hope of winning for themselves the coveted iirst 
places, was to throw over France, now that through her 
cooperation they had secured the vantage point against 
England, and boldly take into their own hands the initia- 
tive in coming to an understanding with the Mother^Country. 
The first step in the carrying out of their program was 
g-etting rid of Silas Deane. 

This Commissioner had returned to America in company 



22 

with the French Minister, bringing with him a fleet of His 
Most Christian Majesty, and letters of testimonial from 
Franklin and the Court of France, all which proofs of the 
success of his diplomacy only served to deepen the animosity 
of his enemies against him. In the months that had inter- 
vened since his return, although repeatedly urging upon 
Congress his claim to be heard, he had suffered the con- 
tinued mortfication of having his claim ignored. Roused 
at last to indignation, he threatened to appeal to the People 
of America, and to reveal everything, unless Congress de- 
cided speedily to hear him. As no reply was forthcoming, 
he proceeded to put his threat into execution. In its issue 
of December 1778, the Pennsylvania Packet printed a 
lengthy article addressed to the Free and Virtuous 
Citizens of America, a denunciation directed against 
certain members in Congress, and of their relatives in, 
office; it gave moreover an account of the transactions o^ 
Dr. Berkenhout and J. Temple, and accused a prominent 
delegate of " constantly and pertinaciously maintaining the 
doctrine " that by the Alliance with France, America was 
at liberty to make peace without consulting her ally, unless 
England should declare war. It even went so far as to 
name Mr. Richard Henry Lee as the said delegate. 

Gerard, writing a few days later, December 12, says. 

The denunciations made by Mr. Deane continue to develop the 
feeling that already existed in that regard ; moreover, his article 
does not displease the majority of the members of Congress, 
weary and ashamed of the ascendency which they have per- 
mitted the party, of which Mr. R. H. Lee and Mr. Samuel 
Adams are the chiefs, to acquire. Even the Public seems to 
be pleased with the author for having made the revelations, 
and reproach him only for having set the example instead of 
waiting for it. 

In his forty-third report, written some days previously 



23 

(Dec. 6), Gerard enters more deeply into the accusations 
made by Mr. Deane in his article. He says : 

He published it without letting me know, fearing I would dis- 
suade him. He justifies his action by the necessity of en- 
lightening the Public regarding the operations, the connections 
and the designs of Mr. Temple and Dr. Berkenhout, whose 
history you will doubtless recall. . . . The arrival at Phila- 
delphia of the first of these emissaries, animated the zeal of 
Air. Deane, and I owe to him the justice of admitting, that 
relatively to France his sentiments are pure. He assures me 
that Mr, Temple, since he has been here, holds the same talk 
as Dr. Berkenhout regarding a speedy reconcilliation. He 
adds that the month of January will not pass without an English 
Plenipotentiary arriving. . . 

This Mr. Temple succeeded in getting himself admitted to 
take the oath in Massachusetts, and has even brought letters 
of recommendation. He is all the more dangerous since he 
enjoys all the rights of citizenship. . . . Some zealous mem- 
bers of Congress have denounced his presence and proposed 
measures of precaution ; Mr. Samuel Adams strongly insists 
that Mr. Temple has only the best intentions, so it is most 
important that means be found to enable Congress to act 
against him. . . . 

You will be struck, Mgr. with the sentiments he (Mr. 
Deane) imputes to Mr. Richard Henry Lee. . . These prin- 
ciples, of which I had the honor to speak to you before, though 
then ignorant of the author, having now been publically an- 
nounced, it seems to me that they are of a nature not to be 
passed by in silence. The occasion appearing to me to be 
favorable for procuring, in the most positive manner, a pro- 
nouncement by Congress, in order to restrain all the members 
... I have decided to ask the President to bring the matter 
before that body. . . . 

In his forty-fourth report, written next day, Gerard con- 
tinues : 

I have taken the step which I had tlie honor of preparing you 



24 

for in my last dispatch. The President received my observa- 
tions very kindly. I reminded him that he had prevented me 
from demanding the revocation of the erroneous passage in the 
writing of Mr. Drayton, but tliat now the same doctrine, sup- 
ported by a distinguished member of Congress, and bound to 
events as surprising as the histories of Messrs. Temple and 
Berkenhout, made me keenly desire that Congress would let 
me understand exactly its way of thinking. I added, that s» 
long as the Court of England nourished hopes (which the 
notions carried away by Gov. Johnstone and the liberty ac- 
corded Mr. Temple would have confirmed) to bring the United 
States to a separate negotiation, or even to lead them to accept 
conditions incompatible with their independence and with their 
engagements, that Court would not seriously think of acknowl- 
edging their independence in the one suitable manner, by 
treaties concerted with France. I had moreover, Mgr., re- 
served for some favorable occasion, the confidence which you 
have authorized me to make, of the conciliatory negotiations 
with which Spain has charged herself, and of the refusal of 
His Majesty to withdraw his declaration, and I told him that 
the King expected in every occurrence the most perfect return 
from the United States. My account was accompanied with 
reflections that seemed to me proper to make them better 
realize the value of the firmness of His Majesty, who prefers- 
the advantage of the United States and the execution of his 
engagements to the most advantageous arrangements which 
England had proposed, and at which price that Court would 
buy, more willingly than ever, the neutrality of France. All 
these considerations seemed to strike Mr. Laurens, who in 
general seems to feel as I do. He deplores the manner in 
which the affair of Messrs. Temple and Berkenhout has been 
conducted, but assures me, nevertheless, that he is firmly per- 
suaded that the first of those emissaries would not find a single 
member of Congress who would listen to his insinuations. 
He believed himself assured of the disposition of Mr. Samuel 
Adams himself, notwithstanding the warmth of the latter's 
personal interest in Mr. Temple. He begged me to express my 
feelings regarding this emissary. I did not hesitate to reply 



that the simple presence in Philadelphia of this man, com- 
promised the dignity and the reputation of Congress and 
produced every kind of bad effect in France, in England and 
in the whole of Europe. The President seized all my points, 
and gave me reason to hope that in a few days, means would 
be found to send him away. He will be very zealous, because 
he sees with distress that the State of South Carolina has re- 
ceived Messrs. Godson and Williams, rich proprietors of that 
state, who having taken refuge in England, have been sent to 
Charlestown in a parliamentary vessel, and who having been 
admitted to the oath, abjured the King of England. These 
are considered very dangerous characters, and their expulsion 
is sought, for it is supposed they have political dispensation to 
take all the oaths in order the better to arrive at their ends. 

As to the doctrine which I attacked, Mr. Laurens affinned 
that it was an opinion that would lead to no consequences. 
He tried all sorts of ways to elude my request, but I insisted, 
and I believe he will immediately put my observations before 
Congress. 

That the French Minister was right in his estimate of 
the character of Mr. John Temple, can to-day be proved 
beyond a shadow of doubt, for though this man was power- 
fully supported by many leading patriots in America, he was 
secretly in the pay of the British. Among the Aukland 
Mss. in the King's College Cambridge, in the handwriting 
of Wm. Eden,^ is the following note under date of April, 
1778; " Mr Temple is to proceed with all possible dispatch 
to North America, in such ship or vessel as the Minister 
shall think proper, and pledges his Honour that he will 
there faithfully exert his utmost influence in assisting the 
Commissioners now going out, to bring about a reconcilia- 
tion or reunion, between those Colonies and Great Britain. 
In consideration of which, and his former faithful services 
under the Crown, Mr. Temple is to have 2,000 £ sterling 

® Stevens's Facsimiles 424. 



26 

immediately, and is to be authorized to draw on the 
Treasury (if the said Commissioners should approve his 
conduct) for 2,000 £ more; he is to be made a baronet of 
Great Britain, the Patent for same to be sent out to America 
by the Commissioners, and independent of the success of 
the Commission he is to have 2.000 £ per annum (subject to 
certain specified restrictions') provided the Commissioners 
now going out to America, shall approve of his conduct in 
that country." An explanatory note is attached to the above 
(supposed to be by Lord North) explaining that there must 
be " notoriety and Weight " to his conduct, sufficient to 
engage the attention of the Commissioners. 

In view of the enormous price which the Government of 
Great Britain was willing to pay Mr. Temple for his ser- 
vices, we must suppose that important results were hoped 
for from his intervention and that of the influential friends 
whose. help he could command. Most prominent among 
the latter, was his father-in-law, Mr. James Bowdoin, Presi- 
dent of the Massachusetts Assembly who wrote to General 
Washington, November 7, 1778: 

. . , The Gentleman who waits upon you is Mr. John 
Temple, Esq. lately returned from England, where he has re- 
sided the last eight years. He held at several times, respon- 
sible and lucrative ofifices under the Crown ... of which he 
was successively deprived for his refusal to join in the infamous 
measures for oppressing the trade and liberties of America, and 
the last four years his continuance in England was the effect of 
Ministerial persecution. ... I beg leave to introduce him as a 
warm, steadfast, persecuted friend to ye cause in America. . . . 

The letter ends with a request that the Commander-in-chief 
send him on to Congress " with a line of recommenda- 
tion ".'' 

To this request, Washington responded in the following 
wav : 

^° See Papers of the Continental Congress, no. 78, vol. iii, f. 205. 



27 

Headquarters, Nov. 23RD. 1778, 

Mr. Temple will have the honor of presenting this to your 
Excellency. I do not know what Mr. Temple's views are, but 
it seems he has some application to make to Congress. I never 
had till now the pleasure of a personal acquaintance with him 
but from the terms in which Mr. Bowdoin speaks of him, as 
your Excellency will perceive from the enclosed letter, and 
from other recommendations I have of him, I consider him 
as a gentleman of sense and merit and of warm attachment to 
the rights of his country, for which he seems to have suffered 
greatly in the present contest. I have the Honour to be, etc. 

(signed, G. Washington.) ^^ 

Jonathan Trumbull, the famous Governor of Con- 
necticut, wrote with no less warmth and feeling as did also 
the Governor of New Hampshire, Maj. Gen. Sullivan and 
others. It is not therefore surprising that Congress was 
not disposed to proceed harshly with this emissary, parti- 
cularly when he counted many warm personal friends among 
the delegates themselves. 

By what means Mr. Temple had succeeded in ingratiating 
himself with the authorities in England, while still bearing 
in America the character of a persecuted patriot, remains, 
obscure. Some further light is thrown upon the subject 
from a letter preserved among the Mss. of the Earl of 
Dartmouth, and given by Stevens.'" This bitterly incri- 
minating letter, dated September 1773, is from Mr. Ben- 
jamin Hallowell, former chief of Mr. Temple, and one time 
Commissioner and Comptroller of the Port of Boston. It 
is addressed to the under-secretary in the Colonial Office. 
Mr. Hallowell says in part : " What Mr. Temple could have 
done since he has been in England to engratiate himself with 
those in Power, is surprising to all ranks of people here. . . . 

^^ Washington Papers, Library of Congress, vol. 93, f. 12297. 
^- Facsimiles 2029. 



28 

If he has cleared his character to the satisfaction of his 
Superiors, or any others, he has most violently imposed on 
them " The letter then proceeds to specific accusa- 
tions, not only of insubordination, but of embezzlement to 
the amount of 12,000 £ sterling. 

This Mr. Hallowell was himself a Tory whose property 
was afterwards confiscated. As for Mr. Temple, through 
the untiring vigilance of the French Minister, all the hopes 
of the British through him were annihilated. As his re- 
ward however, was to be " independent of the success of 
the Commission," it is interesting to find him '^ in 1785, 
Consul-General of the Port of New York, and that now he 
is " Sir John Temple ". 

Yet all the while it seems quite certain that the English 
understood his character. In another facsimile (487) is 
reproduced a lengthy memorial by Paul Wentworth, an 
American in the pay of the British who was spying upon 
Franklin and Deane from the beginning of their being in 
Paris, which sums up the leading men of the Revolutionary 
Period for the benefit of the English King. In this, James 
Bowdoin is characterized as a " weak ignorant man, guided 
by his passions; vindictive, intemperate, sour. His son-in- 
law, John Temple, is not unlike him, but more plausible^ 
artful, persevering and naughty." 

But to return to the French Minister. While the con- 
troversy was still raging regarding the revelations made by 
Silas Deane, Gerard writes in his forty-fifth report, under 
date of December 10, 1778: 

Monseigneur, 

Having perceived in my conversations with the President 
that, notwithstanding the conformity of his sentiments with 
mine, he felt out of regard to Mr. Lee, some repugnance to 
bearing my request to Congress, and that he sought to satisfy 

^3 See Papers of the Con. Cong., no. 92, p. 551. 



29 

me by keeping me constantly informed, I took upon myself to 
write him a letter, of which I enclose a copy, but I urged him 
in presenting it, to assure the Congress that no personalities 
were intended. 

This letter of Gerard's, which had all the desired effects, 
is here given in the official translation preserved in the 
Papers of the Continental Congress, Vol. 94, pp. 60-63. 
He writes : 

Philadelphia, 7 December, 1778. 
Sir, 

I have had the honor of explaining to you the motives of my 
embarassment, on the subject of transmitting to my court, ideas 
relative to certain persons, strongly suspected of being emis- 
saries of the Court of London, as well as concerning the doc- 
trine which it is pretended, the United States have preserved, 
of treating with that power separately from their ally, as long 
as Great Britain shall not have declared war against the King 
my master. I notified to you, how remote it was to my char- 
acter, to rely on public rumor, or the reports of any individ- 
uals whatever, in a matter as serious as it is delicate, and I ex- 
pressed to you my desire that Congress itself, would be pleased 
to furnish the means of forarming my Court, and thro' it of all 
the present and future friends of the United States, against 
the impressions which these ideas might produce. . . . 

Your zeal. Sir, to your Country, and the preservation of a 
harmony so happily established, is too well known to me not to 
"hope that you will render an account to Congress of this 
matter, which my anxiety for whatever regards the support and 
the reputation of the Alliance makes me consider very 
important. 

I am persuaded. Sir, that you will at the same time be so 
good as to inform the Congress, of the proof of the firmness 
and attachment to the interests of the United States, the com- 
mon cause, and the Alliance, which the King my master, has 
given in rejecting the overtures which the Court of London 
has made thro' the channel of Spain. 

I have the honor to be, etc. 

Gerard. 



30 

The foregoing letter was read in Congress the same day 
and a committee of five, namely : Mr. William Henry Dray- 
ton, Mr. Samuel Adams, Mr. Gouverneur Morris, Mr. 
William Paca, and Mr. John Jay,^* was appointed to take the 
matter into consideration. 

Commenting still further upon the situation, Gerard in 
the last mentioned report, observes : ' 

The propriety of my observations was unanimously recognized, 
and a committee was formed to decide upon the best way to 
satisfy my request. A great many members have spoken with 
me about it, some in groups, others separately. All have as- 
sured me that, as I have had the honor of informing you from 
time to time, that the assertions of Mr. Henry Lee have been 
received with disdain and indignation ; that the plurality of 
the delegates from his state, and of those of Massachusetts, 
despite the influence of Mr. Samuel Adams, thought with Con- 
gress, that the principle of which it was question, would be a 
manifest infraction, and that it would forever dishonor the 
United States ; that Congress was resolved not to allow me to 
remain ignorant of anything that could interest the alliance, 
or serve to conciliate the confidence of the King or of his 
ministers. Two members protested to me that from hence 
forth they would not allow a single equivocal word upon these 
matters to pass without seeing that immediately the public was 
informed regarding the opinion, and the name of the member 
supporting it, so as to give them over to the resentment of the 
nation. The deputy from North Carolina, who has had a seat 
in Congress since the beginning, has assured me that his state, 
which had been the farthest from acceding to the Declara- 
tion, was to-day, so attached to it as well as to the Alliance, that 
whoever would propose some modification, would do so at the 
peril of his life. He added that the State of Virginia, whose 
sentiment he knows, is entirely of the same disposition. One 
of the Delegates from Maryland, confided to me that his State 
is so far imbued with the same ideas that they have orders to 
do all that lies within their power to convince me of it. . . . 

^* Journals of Congress, Lib. of Cong. Edition, vol. xii, p. 1197. 



31 

As to Mr. Temple, all the delegates have assured me that 
Congress thinks absolutely as I do regarding this emissary, 
and upon his presence in Philadelphia, that it is believed to be 
one of the means employed by Great Britain to scatter seeds 
of discord and misunderstanding between the United States and 
France. They affirm that there are not two men in Congress 
capable of listening to any proposition of Mr. Temple, but the 
conduct of the state of Massachusetts hindered their action. 
Several members consulted me upon the best method for getting 
rid of him ; they assured me that the facts asserted by Mr. 
Deane had so irritated the people of Philadelphia, that a num- 
ber of the most considerable citizens had offered to have the 
chief magistrate seize this emissary, and conduct him outside 
the city limits ; that, moreover, all his acts are noted, and that 
at the least occasion which he may give, they will proceed 
against him. . . . 

It is added to the details given by Mr. Deane concerning the 
Lees, that he who distinguishes himself by the name of William, 
is still on the almanach of the court of London for 1778, as 
alderman, which is positive assurance, it is said, that he has 
supplemented in some manner the formalities which continu- 
ation in that office requires in the absence of the incumbent. 
Mr. Francis Lightfoot Lee, who came to replace his brother 
during the absence of the latter in Virginia, made a feeble reply 
(to Mr. Deane's article) inserted in yesterday's Packet. He 
is the last of the four brothers. He and I are on very good 
terms since my letter to the President. I very well understand, 
that the fear to see me take sides, will help him to contain 
himself, better indeed than any step I could take directly. 
Moreover, I cannot do otherwise than praise infinitely the con- 
duct of Mr. R. H. Lee, who, in his capacity of President of 
the Board of War, has shown great zeal to procure whatever 
I have asked for the service of the fleet. 

Gerard's forty-sixth report, written two days later, be- 
gins with an account of the resignation of Mr. Laurens as 
President of Congress and the election of his successor, Mr. 
John Jay. Speaking of Mr. Laurens the French Minister 
says : i 



32 

Truly, Sir, I have always found him infinitely zealous, and 
full of the best intentions. He is, moreover, endowed with 
sense, and with knowledge, acquired by several voyages to 
Europe; but by character, and in order to avoid the reproach 
of assuming authority, he has not perhaps acquired the in- 
fluence which belongs to his position, and which the good of 
the cause requires. As for the new President, he has only 
been here sixteen days, and as I shall see much of him, I shall 
not anticipate a judgment upon his character, talents and 
disposition, from the vague notions that I have received so far. 
He is of French origin, as is also Mr. Laurens ; his family is 
from La Rochelle; he has relatives in Paris. . . . 

The committee to which my letter has been referred, is 
deeply occupied with it. A deputation was sent to me yester- 
day which testified in the most positive and satisfactory man- 
ner, the feeling of the committee and of Congress. This depu- 
tation said to me in substance, what a great number of members 
had already confided, that reason and gratitude, in accord with 
their engagements, prohibited their treating of p^ace, without 
the cooperation of the King; that the Congress had it more 
and more deeply at heart to convince me of this in order that 
the same conviction might pass to the minister of His Majesty 
and thro' him to the friends which he might acquire for 
America. They avowed that Mr. R. H. Lee had obstinately 
upheld the doctrine imputed to him. The deputation assured 
me that not a single member known to them shared his opinion. 
As to Mr. Temple, they exceeded what I had asked, and con- 
sulted me on the best method of sending him away. I replied 
that perhaps the best thing would be to regard him from the 
point of view which he himself has put forth, that of being a 
good American citizen, and to say to him, that as he had no 
special business in Philadelphia which could justify his staying 
there, he would give the best proof of his attachment and zeal 
for the United States by keeping at a distance from the place 
where Congress meets. It seemed to me, Mgr., that this idea 
was calculated to avoid the dangers that were feared. It 
seemed to me allowable to assure the Committee that no one 
in Europe doubted that Mr. Temple was an English emissary, 
furnished with secret instructions. . . . 



33 

Mr. Samuel Adams, came recently to justify himself regard- 
ing any consequences which might be drawn from his con- 
nection with Mr. Temple; he protested that he had only once 
entertained him in his home, and that he showed him this cour- 
tesy simply because he was recommended by the state which 
he represented. The ostensible subject of this apology was a 
paragraph in the Packet for the 8th. of the month, where a 
certain delegate was warned not to receive such frequent visits 
from Mr. Temple. Mr. Adams declared that he was invariably 
attached to the Alliance and had me to read some passages ia 
the letters of the Governor and several other chiefs, and indi- 
cated that he shared their sentiments. As I know, Mgr„ that 
notwithstanding his intimate friendship with Mr. Lee, he has 
not adopted his opinion, I assured him that I was persuaded 
that a man who had taken such a leading part in the Revolution, 
and who had felt the pleasure of contributing to the happiness 
of his country, would never stoop to betray or dishonor it. . . . 

Samuel Adams speaks of his interview with the French 
Minister and of the embarrassment caused him by the pre- 
sence of Mr. Temple, in a series of letters written at this 
time to his wife and several of his friends. (See, Writings 
of Samuel Adams by H. A. Gushing; Vol. IV. pp. 95-110)- 
To John Winthrop he writes in part as follows : 

Philad. Decr. 21 1778 
My Dear Sir: 

Your obliging letter of the (9th) of November was delivered 
to me by Mr. Temple immediately after his Arrival here. I 
must candidly confess that when the Gentleman informed me 
by his Letter dated in New York, of his Intention then to pay a 
Visit to this City, I was disagreeably impressed with it, and 
interested myself, as far as I could do it with Decency, to 
prevent it. . . . The testimonials he has brought with him, 
added to the warm Recommendations of some of my most 
virtuous and honorable Fellow Citizens have not been sufficient 
to obtain for him a welcome Reception. The Time & Manner 
of his leaving England, the Company he came with and the 



34 

favorable Treatment he met with in New York, were judged 
to be Grounds of Suspicion which more than balanced the 
Recommendations of his Friends & Countrymen, who, though 
acknowledged to be very respectable, it was supposed, might 
possibly be partial in their judgments of him. His Connections 
m Boston, & the Character he had sustained there before he 
feft that Place, it was said, made him the fittest Instrument 
to carry into Effect the Purposes of the British Ministers. . . . 
I do not suspect Mr. Temple; but I have been under the 
Necessity of violating my own Inclination to pay every kind 
of respect to that Gentleman, or risque the consistent Character 
which a Delegate of that State ought to support in the Opinion 
of Congress, of the Minister of France and the People of 
America. I have converst with that Minister on this Occasion ; 
and I have Reason to think we concur in opinion, that however 
pure the Views & Intentions of any Gentleman may be, yet if a 
Suspicion generally prevails that he is secretly employed by 
the British Court his continuing to reside near the Congress 
may make improper Impressions on the Minds of our Friends 
abroad. Mr. Temple left this City yesterday. 

December 19th., in his forty-seventh report, Gerard is 
able to announce: » 

Congress has unanimously adopted the counsel I gave them 
relative to Mr. Temple, and have disembarassed themselves of 
a man dangerous by his talents, his insinuating manners, and 
still more by an error that he has helped to widely propagate, 
namely, that there is no difference between an American Whig 
and an English Whig — regrettable misconception caused by an 
abuse of words, and the feeling that certain individuals who 
pleaded their cause before their declaration of Independence, 
are still their best friends regardless of the present state of 
affairs. 

On the 24th, pursuing the same subject, Gerard writes : 

Mr. Temple left the city the day after the hint was given to 
him that I had suggested. It will doubtless seem unbelievable 



35 

to you, but I have very authentic information for beHeving 
it to be true, that Mr. Temple's hope, seconded by his friends, 
v/as, to have been employed in Foreign Affairs. Neverthe- 
less, those who supported him are simply supposed to have been 
•blinded by ancient connections. . . . 

In a postscriptum is added, Dec. 25th. : 

The manner in w^hich Congress shall reply to my demand, 
relative to the doctrine of Mr. Lee, is still vigorously debated 
in Committee. It has been confidently communicated to me 
that four members approve, and that Mr. Samuel Adams, who 
is the fifth, and a friend of Mr. Lee, opposes and tries to 
persuade them that the object being regulated by the treaty, 
needs no explicit answer. I have warned his colleagues against 
such a false and insidious reply, and I hope they will persevere 
in their attitude. 

This matter is touched upon again at the end of the forty- 
ninth report, under date of December 30. 

Mr. Richard Henry Lee, Mgr., came to communicate to me a 
letter, the translation of which I think right to send you, that 
it may serve as proof of the effect of my conduct towards that 
person. The conduct of Mr. Samuel Adams is not less as- 
siduous towards me, which proves that my neutrality imposes 
upon them as much as the opposite would do. I wish it might 
bring them to sentiments which, except for them. Congress 
unanimously professes. Mr. Francis Lightfoot Lee, also has 
made every possible advance to me, and does not cease to 
praise my solicitude for the honor of Congress and for the 
reputation of the Alliance. These beautiful demonstrations 
do not destroy my distrust, because I know positively, that it 
is Mr, Samuel Adams who, alone, by little artifices, and petty 
quibbling, prevents my receiving, relative to the doctrine of 
Mr. Lee the very positive and very satisfactory reply, which 
the other members of the committee have long since adopted. 

As Congress still remained silent upon this subject, the 



36 

French Minister, after waiting until Sunday, January lO, 
1779, addressed a still more urgent appeal, politely but 
firmly demanding a " speedy, formal and categorial declara- 
tion " of the mind of Congress. ^^ This procedure had the de- 
sired effect; three days later the French Minister received 
the following letter from the President of Congress. 

Phila. Jan. 13TH. 1779. 
Sir, 

It is with real satisfaction that I execute the order of Con- 
gress, in sending you the inclosed copy of an Act of the nth 
instant, on a subject rendered important by affecting the dignity 
of Congress, the Honor of their great Ally and the interest of 
both nations. 

The explicit disavowal and high disapprobation of Congress, 
relative to the publications referred to in this Act, will, I flatter 
myself, be no less satisfying to His Most Christian Majesty, 
than pleasing to the people of these States : nor have I the least 
doubt but that every attempt to injure the reputation of either,., 
or impair their mutual confidence, will meet with the indigna- 
tion and resentment of both. 

I have the honor to be. Sir, etc. 

(Signed) John Jay. 

Gerard replied on the following day : 

I have received the letter you honored me with the 13th of 
this month, containing the resolution of Congress in reply to 
the representations which I had the honor of making the 5th. 
and loth. . . . and I entreat you to receive and to express to 
Congress the great appreciation which I feel for the noble, 
frank and categorical manner in which they have destroyed 
the false and dangerous insinuations, which might mislead 
ignorant people, and put arms into the hands of the common 
enemy. 

To the King, my Master, no proofs are necessary. Mon- 
sieur, for the foundation of confidence in the firm and constant 
adherence of Congress in the principles of the Alliance, but His 

15 Papers of the Continental Congress, Vol. 94, p. 87. 



37 

Majesty will always see with pleasure the measures which 
Congress takes to maintain its reputation intact. . . 
I am with respect and consideration, etc. 

Gerard. 

The reply of the French Minister, together with the re- 
solution of Congress and the letter of the President, are to 
be found printed in the Pennsylvania Packet for January i6, 
1779, (also in the Journals of Congress, Library of Congress 
Edition, Vol. 13, pp. 62 ff.) 

In transmitting the above enclosures in his fifty-third re- 
port, Gerard writes : 

I hope, sir, that you will be satisfied with the issue of these 
affairs. They had become very complicated and very delicate ; 
■not however, as to ground of the matter, for not a single mem- 
ber voted against the declaration that I demanded, but the 
friends of the persons who thought themselves compromised, 
notwithstanding the extreme care I took to avoid personalities,' 
. . . sought to diminish the effects which they feared, and used 
all sorts of artifices to render the resolutions less explicit. 
They came to sound me, but I persisted in demanding that they 
be catagoric. Indecent personalities were indulged in during 
the debates. I shall, Sir, spare you the details; they are 
neither instructive nor edifying. ... 

I will add Sir, only one remark, which is, that the turn of the 
•debates upon Messrs. Temple and Berkenhout as well as the 
upon the writings of Mr. Deane . . . have always had the air 
-of a deliberate attack upon France, and also that the party of 
the Opposition, has never been composed of any one but the 
Messrs. Lee and their partisans; they continue to show me 
special marks of attention. I only hope that their interior 
resentment may remain centered in their hearts. 

With the settling of this vexed question, the first essential 
problem which confronted Gerard on coming to America, 
came to a satisfactory termination. The second problem,' 
which grew out of the first, was already, with all its com- 



38 

plexities, surging to the front in the consciousness of men's- 
minds, and was ranging them, with ever accentuating bitter- 
ness, into the two opposite camps which the Congressional 
discussions just announced showed to be already existent. 
This is the second phase of the test to which the powers of 
the French Diplomat are to be put. It will be interesting to 
watch the battle as it progresses, to note the keen contest for 
supremacy, and finally, to see on which side victory will de- 
clare itself. Before taking up this second phase, however^ 
it will be necessary to turn back, in order to fill in the de- 
tails of the picture whose outline has here been drawn. 
Again, it is the reports of Gerard that will furnish us the 
material for this detail. 

Elizabeth S. Kite. 

Washington, D.C., March 8, 1^22. 



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